The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position

In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention (the Convention) has been adopted to secure the return of abducted children to their home country. Most Muslim countries are, however, not yet parties to the Convention. This article...

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Main Authors:	Hamid, Abdul Ghafur@Khin Maung Sein, Abdul Hak, Nora, Mohd Zin, Najibah, Mohamed Jani, Hidayati
Format:	Article
Language:	English English
Published:	Brill 2017
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/29/61315%20The%20Applicability%20of%20the%201980%20Hague%20Abduction.pdf http://irep.iium.edu.my/61315/18/61315_The%20applicability%20of%20the%201980%20Hague%20Abduction%20Convention_scopus.pdf

id	iium-61315
recordtype	eprints
spelling	iium-613152019-03-14T07:53:31Z http://irep.iium.edu.my/61315/ The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati K Law (General) KPG Malaysia In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention (the Convention) has been adopted to secure the return of abducted children to their home country. Most Muslim countries are, however, not yet parties to the Convention. This article seeks to investigate the reason for this phenomenon, focusing in particular on the Convention’s compatibility with basic tenets of Islamic law. The article also evaluates Malaysian domestic legislation and case law in order to assess whether Malaysia is in a position to be a party to the Convention. The article finds that although there are a few areas of concern, no serious incompatibility between Shari’ah and the Convention exist, and that more dissemination is required to quash misconceptions about the Convention among Muslim countries. The article concludes with recommendations for Muslim countries in this crucial area of protecting the best interests of our children. Brill 2017-12-21 Article PeerReviewed application/pdf en http://irep.iium.edu.my/61315/29/61315%20The%20Applicability%20of%20the%201980%20Hague%20Abduction.pdf application/pdf en http://irep.iium.edu.my/61315/18/61315_The%20applicability%20of%20the%201980%20Hague%20Abduction%20Convention_scopus.pdf Hamid, Abdul Ghafur@Khin Maung Sein and Abdul Hak, Nora and Mohd Zin, Najibah and Mohamed Jani, Hidayati (2017) The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position. Arab Law Quarterly, 32 (2). pp. 99-128. ISSN 0268-0556 E-ISSN 1573-0255 (In Press) http://booksandjournals.brillonline.com/content/journals/10.1163/15730255-12322054 10.1163/15730255-12322054
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
description	In response to the increasing number of traumatic international child abduction cases, the Hague Abduction Convention (the Convention) has been adopted to secure the return of abducted children to their home country. Most Muslim countries are, however, not yet parties to the Convention. This article seeks to investigate the reason for this phenomenon, focusing in particular on the Convention’s compatibility with basic tenets of Islamic law. The article also evaluates Malaysian domestic legislation and case law in order to assess whether Malaysia is in a position to be a party to the Convention. The article finds that although there are a few areas of concern, no serious incompatibility between Shari’ah and the Convention exist, and that more dissemination is required to quash misconceptions about the Convention among Muslim countries. The article concludes with recommendations for Muslim countries in this crucial area of protecting the best interests of our children.
format	Article
author	Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati
author_facet	Hamid, Abdul Ghafur@Khin Maung Sein Abdul Hak, Nora Mohd Zin, Najibah Mohamed Jani, Hidayati
author_sort	Hamid, Abdul Ghafur@Khin Maung Sein
title	The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
title_short	The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
title_full	The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
title_fullStr	The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
title_full_unstemmed	The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position
title_sort	applicability of the 1980 hague abduction convention in muslim countries: particular reference to the malaysian position
publisher	Brill
publishDate	2017
url	http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/ http://irep.iium.edu.my/61315/29/61315%20The%20Applicability%20of%20the%201980%20Hague%20Abduction.pdf http://irep.iium.edu.my/61315/18/61315_The%20applicability%20of%20the%201980%20Hague%20Abduction%20Convention_scopus.pdf
first_indexed	2023-09-18T21:26:58Z
last_indexed	2023-09-18T21:26:58Z
_version_	1777412255930908672

The applicability of the 1980 Hague Abduction Convention in Muslim countries: particular reference to the Malaysian position

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